Texas Truck Wreck Attorney Blog

Economists are predicting a shortage of certified commercial drivers over the next few years even as they demonstrate that the trucking industry is expected to grow significantly in the next decade.

One expert states that currently there may be a need for as many as 130,000 new drivers - a number that could balloon in ten years. There are several reasons for the shortage.

First of all there are large numbers of people retiring from the business - it can be physically brutal on a person. At the same time the industry seems to be little allure for the younger generation to enter the over-the-road trucking business.

Meanwhile trucking companies are placing greater restrictions and setting higher expectations for new truck drivers. Those with poor driving records, arrests for drugs or intoxication - or with other legal problems can no longer count on escaping into the trucking industry to make a living.

Federal regulations and high monetary awards to persons who were injured or have loved ones who were killed in a semi-truck accident are resulting in greater caution in the hiring practices of trucking companies.

This is proving to be problematic - which always comes down to affecting the bottom line for goods and services for all Americans. But, many would argue that increased costs for groceries and dry goods are worth the lives it saves.

As a semi truck accident attorney I see many drivers who have a truck accident when they should not have even been driving a big rig.

Most of us have an ongoing 'To Do' list that usually doesn't get done but sees new items added to it on a regular basis. There are some items on mine that date back three years. I thought for today's entry I would offer my readers a 'Not To Do' list to keep in mind when they are driving.

*Do Not drive a vehicle that is experiencing malfunctions of any kind. If vehicle warning lights come on - Do Not ignore them. If tires look low - Do Not keep driving on them. If your engine is knocking Do Not turn up the radio and pretend that you don't hear it. Vehicles that are in need of repair are a safety hazard to everyone on the road - not just you.

*Do Not ignore recognized safe driving behaviors. You know that it's not a good idea to speed or tailgate so Do Not take chances. Do Not drive aggressively or engage another driver in a manner that will cause an incidence of road rage.

*Do Not drink and drive and Do Not take any type of prescription or illegal drug and drive. Also, Do Not text and drive or otherwise motor in a distracted manner.

*Finally, Do Not allow your insurance to lapse or tickets to expire. An uninsured, unlicensed driver costs Americans millions of dollars each year. An annual talk with your insurance agent checking coverage and prices is always a good idea.

Continue reading "Not To Do Lists- To Avoid Accidents" »

To be fair - there are statistics about the truck driving industry that point to improved overall safety with regard to drivers and their rigs. Consider the following information.
*According to government reports - the professional truck driver is actually one of the safest on the roads today.

While the typical American may put 15,000 miles on the vehicles each year while behind the wheel - the semi-truck driver averages around 130,000 miles annually. Yet semi-truck accidents account for only 4% of collisions each year.

*Other reports show that in the case of semi-truck and auto accidents -a whopping 71% of them are the fault of the automobile driver and not that of the 18 wheeler.

Common automobile driver errors include such things as 'cutting off the semi-truck driver', failing to maintain a safe distance either in front of or behind a rig - and in the event of a quick stop being unable to avoid a collision, and engaging in distracted driving behaviors that prevent automobile drivers from being fully aware of the traffic around them.

*Finally, a multitude of government agencies are imposing greater safety regulations and restrictions on both semi-truck drivers and the companies they represent - as well as the trucking industry as a whole.

Certainly no one in the industry is pleased with these added layers of requirements that translate into dollars - but many agree that safety should be the first concern of a semi-truck driver on the open road.

If you are interested in learning more about semi-truck regulations visit www.nhtsa.gov

Continue reading "How Safe Are Truck Drivers" »

Speaking of federal agencies responsible for transportation safety - the Department of Transportation has an entire section devoted to semi-truck and trucking company safety and related information.

For instance, there is a site that lists the contact information for every transportation department in the country - including addresses, phone numbers, faxes and emails. Their website urls are also available - and I encourage readers to take a moment and visit the homepage of our state. You'll find the time you spend on it to be informative and interesting.

There are other links concerning truck driving as well. You can learn more about the hours of service and other requirements involved in being a semi-truck driver or operating a truck driving service. There's a section for truck drivers as well - updating them on such things as the need to secure a Department of Transportation number and drug and alcohol testing rules.

There's even information on how to file a complaint - online - against a trucking company (and any other transportation security concerns you may have). If you're interested you can learn more about how hazardous materials are moved across the country and the safety precautions taken to guard against endangering the public or otherwise exposing them.

Finally, each state provides updates on traffic and road closures. This is meant to help the average driver navigate around long traffic delays and road construction.

My suggestion is add www.dot.gov to your favorites. It's definitely worth an occasional perusal if you are interested in the trucking business.

Continue reading "Semi Truck Accident Safety and the DOT" »

The National Transportation Safety Board recently called for a ban on the use of cellular phones by professional truck drivers in an effort to curb serious truck accidents. In a recent 18-wheeler accident a semi truck driver's use of the cellular phone was cited as the probable cause of a truck accident that took 11 people's lives. The NTSB investigated the accident and has recommended that commercial truck drivers be precluded from cell phone use except in emergency situations.

In truth, banning cell phone use by drivers whether they are commercial truck drivers or soccer moms is a good idea for safety. The reason that professional truck drivers are single out is because of the potential of an 80,000-pound rig to do catastrophic damage to multiple people such as the accident investigated by the NTSB officials.

In Texas, Gov. Rick Perry recently vetoed House bill 242, which was widely supported in the Texas Legislature as a necessary measure to improve safety of Texas families. The bill would have banned texting while driving in Texas-a known and dangerous distractor and a major cause of serious injury accidents and wrongful death.

While the Gov.'s veto in our opinion was wrong, the government did support additional education on the dangers of texting while driving in Texas, even if there were no funds provided for such education. Texting while driving has been one of the growing dangers on Texas roadways mainly due to the rapid increase of cell phone use and mobile communications. Not only is it possible now to text anytime anywhere, but also video chats and other methods of communication on mobile devices have grown tenfold each and every year over the past several years.

Some experts have suggested that texting while driving can give up as much as 2 car lengths of safety and can be as dangerous as drunken-driving. Let us hope that the ban on commercial truck driver's use of cell phones while driving will be followed by a ban on texting while driving in Texas after Gov. Perry leaves office.

Continue reading "Ban ON Cell Phone Use By Truckers A Good Idea" »

Nothing can be more frustrating than a vehicle collision with an 18-wheeler (with or without injuries) that results from poor maintenance of the semi-truck or other safety violations. Truck drivers (and the companies they represent) have an obligation to keep their rigs in perfect working order. They also have a responsibility to ensure that they are healthy and alert enough to get behind the wheel of the behemoth vehicle as well.

Yet time and time again safety issues take a back seat to a company's bottom line. Trucks take to the road with worn tires, dangerously inadequate braking systems and other problems.

Drivers move from state to state and company to company leaving past driving transgressions unknown and uncovered. Some are simply too old to be driving (consider the 76 year old man who caused a deadly accident because he failed to see that the traffic was at a standstill in front of him. He literally ran over several cars and their occupants and killed several people).

Now Congress has taken up the matter of increased safety requirements for the trucking industry on more than one occasion.

Unfortunately, the very powerful trucking lobby has been able to prevent the enactment of anything but a few minor laws. If you are concerned about trucking safety I advise you to contact your state representative. In a match-up between safety and dollars - I vote for safety every time.

Continue reading "Truck Accidents From Improper Maintenance " »

There are a number of dangers inherent in sharing the roadways with semi-trucks - most we don't really give much thought to unless they are faced with a problem. Consider the following:

*Semi-trucks have considerable blind spots on all 4 sides. If you are traveling too close the driver may not see your vehicle. If the semi driver makes a left-hand turn in front of you - you may not be able to avoid an accident.

*Semi-trucks require greater stopping distances (up to 40%) than passenger vehicles of all other types. If you are traveling too close and a semi has to make a sudden or unexpected stop - you may not be able to avoid an accident.

*Semi-trucks with double-wide loads require exponentially greater room to speed up, slow down or move from lane to lane than the typical semi-truck. Their weight often exceeds 80,000 pounds.

*Semi-trucks are not always properly loaded. There are certain requirements for securing a load and ensuring that it will not shift when being carried across open roads - but they are not always met. When objects fly off a semi-truck at highway speeds other drivers are at risk of injury and accidents.

The truck driving industry employs lobbyists whose sole purpose is to lobby your representatives to weaken the current legislation related to trucking. Fewer safety regulations and requirements translate to greater profits for trucking companies - at the expense of other drivers.

Continue reading "Semi Truck Accidents" »

One of the most valuable government organizations is the National Highway Traffic Safety Administration. I stay abreast of current research related to all things 'driving' and particularly things related to accident prevention and safety.

What follows are a few of the most recent findings and cautions from this group as shown on the NHTSA web site.

*If you have children then you can register your car seat on the NHTSA website. If the car seat becomes subject to a recall for any reason - you will be notified with all relevant information.

*In light of the recent increase in gasoline at stations around the country - the NHTSA has created a lengthy list of suggestions to help save on fuel economy and get the most out of your fuel dollars.

*The NHTSA website provides a lengthy discourse on the results of the most recent crash studies - and names the safest vehicles in all categories.

*There are special sections devoted to the various driving hazards mentioned on a regular basis in this blog - including senior and teen driving, impaired and distracted driving as well as the most recent safety devices that come standard in new vehicles.

Their findings tend to be academic and unbiased - trustworthy.

Finally, they offer the user access to an image library, budget, regional offices and organizational chart. The site is easy to navigate - and may be one of the most educational uses of your time. Click to view the NHTSA site.

Continue reading " National Highway Traffic Safety Administration Website" »

Impaired driving can not only be the result of intoxication or the ingestion of illegal substances - sometimes simple over the counter medications or prescription drugs can also inhibit safe motoring. In other cases these same drugs can interact with alcohol in a way that increases its potency as well.

For instance, experts have found that aspirin taken with a caffeine drink can have the same dulling effects as several drinks - comparing to an 0.05 level of alcohol in the bloodstream. Dramamine - a substance taken to combat seasickness - can also cause drowsiness and dizziness - a dangerous combination for drivers and a number of over-the-counter cough and cold medicines increases the effects of alcohol when taken in combination. Any time a driver is less than 100% the odds of a car accident or a truck accident increase.

Too, there are millions of prescription drugs taken by persons on a daily basis in this country. In fact, research suggests that nearly eighty percent of individuals age 65 and over take at least one type of medicine daily - and many are on a combination regimen of drugs for a wide variety of ailments.

While it's heartening to realize that the pharmaceutical companies and medicine have been able to increase the length and quality of life - this progress comes with risks.
Unfortunately, many seniors are unable to verbalize the cautions their physicians have given in relation to taking medicine and driving.

At the same time, research is beginning to show there is a direct correlation between prescription and over the counter medications and an increase in vehicular collisions.

If you are using any type of medicine - read the labels, talk to your doctor or a pharmacist. Be fully cognizant of the effects of medicine on your ability to drive safely.

Continue reading "Impaired Driving by OTC Drugs" »

According to reports, a semi-truck driver was robbed at gunpoint under an overpass for Highway 59 in Fort Bend County. Apparently the trucker had stopped and was talking to another truck driver under the overpass when the gunman appeared.

The other trucker had just pulled off when the robber pulled a gun and took the truck drivers wallet and fled the scene.

There is a good lesson here for everyone if you are alone at night and pulled off the side of the highway you can be at risk. Really families and passenger cars are more at risk than truck drivers for this type of crime.

If you must pull off the side of the road do so where you can safely park and if it's at night look for a lighted area or one where other people are around such as a convenience store.

Avoid people who look suspicious and areas that are known as dangerous or crime areas. Also we wary of people asking for something from you (like the time) as often it can be a distraction to enable an accomplice to approach you.

Continue reading "Truck Driver Robbed in Houston" »

There are a number of interesting things going on in the world of cars and trucks. For the purposes of this blog we will simply offer a recap of what's relevant and interesting.

No doubt higher gas prices are here to stay. 'They've' been threatening it for years and all of the signs have aligned to allow for what can pass as legitimate excuses to raise the prices at the pump. After all, there's unrest across all of the Middle East and besides, the economy has held in inflation for as long as possible so look out.

Therefore, if there ever was a time to consider buying a vehicle that gets good gas mileage there's no time like the present and according to one news source there are a variety of quality vehicles that offer the consumer up to 40 miles to a gallon - and all for a fair cost. If you're in the market for a new vehicle give this some serious consideration.

Other 'oil' news? Well, two things of note - in some remote areas of Alaska gasoline is supposedly ten dollars a gallon and there is talk that our US leaders will consider dipping into our own oil reserves to help temper the rising costs of oil. They do that mainly when they feel the price of oil is artificially high and they can later replace the oil at a lower cost. In other words in speculation driven markets.

Now, one more story of interest. Our current president predicted a revolution in the automobile industry - suggesting that there might be up to a million electric vehicles on the road within the next few years.

It appears this declaration will fall far short - but it is helpful to recognize that presidents for the last 25 years have all denounced our "addiction to oil" but none have done anything meaningful to move us in a new direction.

Continue reading "The US Addiction to Oil" »

In a neighboring state a recent accident that claimed three lives only serves as further proof that in the case of collisions that involve semi-trucks - other drivers are often on the losing end.

Reports indicate the crash involved a major and well known delivery service whose logo is instantly recognizable to millions of Americans. According to the driver of the semi he did not see that SUV and claims he may only had gently struck it from behind.

But this 'hit' - and accident reconstruction shows that it may have struck with more force on the SUV driver's side - was enough to send it 'careering out of control'. When it came to rest three persons were killed and four seriously injured with trauma that included everything from broken legs to a broken back and more.

Involved in this tragedy were three adults and four children returning to their home from a wedding with the groom in tow who would fly back to his bride after safely depositing his family who had attended the joyous event.

The accident occurred in the wee hours of the morning - the time between dark and dawn when it is most difficult to see and discern items on the road ahead (occasionally).

Only two persons were wearing seatbelts - the driver and front passenger - perhaps, mistakenly feeling it was safe to travel without them on nearly empty highways. Time and again experts have shown that seat belts do save lives and choosing not to wear them may be the difference between life and death.

Preliminary results from a toxicology test done on the semi driver show no indication of drugs or alcohol and at this time there will be no charges filed against him.

Continue reading "Truck Accident Turns Fatal" »

Semi-truck accidents are a daily occurrence around the country. Some end worse than others - but most result in catastrophic injuries and death - usually of the drivers and/or passengers in the other vehicles not the truck.

Consider the following news stories.

Just last week an accident in another state that involved two school buses and an eighteen wheeler resulted in three deaths. Reports suggest it began when the truck driver sideswiped one school bus on a two lane road that may have caused him to lose control of the rig and hit a second school bus head on.

The semi-truck driver was killed as was a teacher and the driver of the second bus. Seventeen students were taken to nearby hospitals for non-life threatening injuries. No word yet on the official finding on the cause of the accident.

In a second truck accident that almost defies belief - a motorcyclist was killed in a hit and run semi-truck accident. The accident occurred in the pre-dawn hours of the morning when the cyclist was struck by the rig and flew off his bike according to reports.

The police speculate that perhaps the semi-truck driver was not aware that he had caused the accident or had not seen it happen and that may be the reason he (or she) did not stop.

Semi-truck accidents are some of the most deadly on the road. Drive defensively - a collision can happen at a moment's notice. Better safe than sorry as my dad used to say.

Continue reading "Recent 18 Wheeler Accidents" »

A topic rarely discussed but definitely problematic is that of smoking (cigarettes, cigars, or pipes) while driving. This habit is so common that even when people discuss distracted driving they often fail to include it in this category - but indeed smoking and driving is one of the worst distractions behind the wheel of a car.

If you are familiar with the act of smoking then you are aware that it includes all of the following steps:

*Finding the pack of cigarettes and retrieving one from the pack.
*Putting the filter end in your mouth and pushing the lighter button on the dashboard or finding a lighter.
*Inhaling, exhaling and flicking the ashes.
*Discarding the cigarette or putting the cigarette out in an ashtray.
IT may take up to five minutes to complete the process of smoking a cigarette from beginning to end. Five minutes that are chocked full of activities that have nothing to do with keeping a car safely on the road.

Municipalities are slow to recognize the problem - but it is making the rounds of certain legislatures (New Jersey for one) across the country who are considering a ban on smoking and driving. Civil liberties aside - a distraction is a distraction.

Many smokers will be upset at reading this post and to them i say- what if your family was harmed due to an accident caused by a smoking distraction?

Continue reading "Smoking is a Distraction" »

According to a DOT study done in 2007, the leading cause of serious injury or wrongful death truck accidents is poor decision making by the truck driver.

One of the hardest things to do in the study was to actually define the "cause" of the truck accident.
Experienced Texas personal injury lawyers know that most semi truck wrecks usually involve several different factors that worked in combination to have caused the crash.

Over 120,000 people have been injure truck accidents and decision-making by a truck driver was a large factor in many of those accidents. Improper decisions included, driving too fast for conditions, misjudging speed or following too closely. The next most frequent issue was poor recognition, which included distracted or inattentive driving or failing to keep a close eye out.
The next most common reason was non- performance by the driver, which included things like falling asleep, a medical condition or physically impaired.
Finally, poor driving performance or driver error was listed as a factor in about 10 percent of the accidents studied. Other listed reasons are:

• Fatigue
• Inadequate lookout
• Driving too fast for conditions
• Over-the-counter drug use
• Under pressure from motor carrier
• Illegal maneuver and inattention.

Continue reading "Poor Decision Making Leading Cause of 18 Wheeler Accidents" »